The recent release of Prince Harry’s autobiography, Spare, illustrates just how fractious family relationships can be.
Although most families would be hard pressed to match the Windsor in both wealth and the occasional rancour towards each other, when it comes to money and inheritances, claims under the Inheritance (Provision for Family and Dependants) Act 1975 (Inheritance Act 1975) can demonstrate that each unhappy family is indeed “unhappy in its own way”.
A helpful example of how claims under the Inheritance (Provision for Family and Dependants) Act 1975 operate in practice can be found in the appeal case of Fennessy v Turner & another [2022] WTLR 1295.
The case concerned Hazel Fennessy, her two children Heidi and Patrick (the Claimant), and Mrs Turner, a third-party beneficiary.
Hazel and her daughter Heidi lived together and shared an exceptionally close relationship throughout their lives. Tragically, Heidi died just six weeks before her mother. During her lifetime, Heidi was known to have difficult relationships with some family members, including her brother Patrick.
Patrick, who had seven children, worked for many years as a coalman and HGV driver and at one point ran the family coal merchant business. Importantly, he had been told that he would inherit “everything” once both Hazel and Heidi had passed away. As a result, this created a clear expectation.
Despite this, Hazel’s Will dated 24 January 2012 left her entire estate to Heidi and appointed her as sole executrix. The Will further stated that, if Heidi predeceased her, the estate would instead pass to Mrs Turner, who would also act as executrix. Patrick was entirely excluded.
Following Hazel’s death, Patrick brought a claim under the Inheritance Act 1975, arguing that the Will failed to make reasonable financial provision for him as Hazel’s son.
The estate was valued at £360,371.63. Patrick was awarded just over £195,000, and crucially, this decision was upheld on appeal.
This case provides a clear illustration of:
The Inheritance Act 1975 allows certain individuals to apply to the court for reasonable financial provision if the deceased’s Will (or intestacy rules) fails to provide for them adequately.
In Patrick’s case, he qualified because he was the child of the deceased and had been completely excluded from the Will.
Other people who may be eligible to bring an Inheritance Act 1975 claim include:
⏱️ Time limit: Claims must usually be brought within six months of the Grant of Representation, although the court may extend this in limited circumstances.
In every Inheritance Act 1975 claim, the key question is whether the deceased made reasonable financial provision for the applicant, judged by the standard applicable to that person.
The burden of proof lies with the Claimant. Importantly, the court does not consider whether the deceased was morally right or wrong. Instead, it applies an objective legal test.
The court will examine:
Additionally, the court will consider factors specific to the Claimant’s status. For example:
In Fennessy v Turner, Patrick demonstrated genuine financial need. He lived in a motorhome, had limited savings, and due to disability, could only work part-time. He required stable accommodation and basic household necessities.
In contrast, Mrs Turner had no immediate or foreseeable financial needs and sufficient existing resources. Furthermore, Hazel owed no obligations to her.
As a result, the court awarded Patrick £195,000, covering:
While Inheritance Act 1975 claims carry risk—particularly the possibility of paying the other party’s costs if unsuccessful—this risk can often be managed with After the Event (ATE) insurance.
For this reason, it is vital to instruct a Contentious Probate Solicitor experienced in Inheritance Act claims. An experienced solicitor can assess prospects, manage costs, and often achieve an out-of-court settlement, saving time, expense, and emotional strain.
Our team has decades of combined experience advising and representing clients who are:
We understand that these cases are often emotionally complex. Accordingly, we provide clear, practical advice and support at every stage of the process.
If you would like guidance on whether you can bring a claim, please get in touch for a confidential discussion.
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